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| | Page 112, line 14 [Clause 104], leave out ‘designated services’ and insert ‘health |
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| | care services for the purposes of the NHS’. |
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| | Page 112, line 41 [Clause 105], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 114, line 45 [Clause 106], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 115, line 5 [Clause 106], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 116, line 4 [Clause 107], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 116, line 39 [Clause 108], at end insert— |
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| | | ‘( ) | The following powers must not be exercised so as to omit the condition |
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| | | mentioned in subsection (1) from any licence under this Chapter— |
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| | | (a) | the powers conferred on Monitor by sections 105, 106(7) and paragraph |
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| | | 7(2) of Schedule 10 to modify the standard conditions applicable to all |
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| | | licences, or to licences of a particular description, |
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| | | (b) | the power conferred on the Competition Commission by paragraph 8(5) |
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| | | of that Schedule to modify those conditions, and |
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| | | (c) | the power conferred by section 107 on the Office of Fair Trading, |
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| | | Competition Commission and Secretary of State to modify those |
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| | Page 117, line 12 [Clause 109], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 117, line 19 [Clause 109], leave out ‘Chapter 3 and’. |
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| | Page 117, line 21 [Clause 109], at end insert ‘, and |
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| | | (d) | Chapter 5A of that Part of that Act (trust special administration)’. |
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| | Page 117, line 22, leave out Clause 110. |
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| | Page 120, line 1 [Clause 115], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 120, line 10, leave out Clause 116. |
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| | Page 121, line 7 [Clause 117], leave out subsection (1). |
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| | Page 121, line 9 [Clause 117], leave out ‘the’ and insert ‘an NHS foundation’. |
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| | Page 121, line 13 [Clause 117], leave out ‘the designation expires’ and insert ‘this |
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| | section ceases, by virtue of section [Duration of transitional period], to have effect in |
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| | Page 121, line 33 [Clause 117], leave out subsection (7). |
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| | Page 122, line 3 [Clause 117], leave out subsection (12). |
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| | Page 122, line 28 [Clause 119], at end insert ‘, and |
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| | | (d) | the method used for deciding whether to approve an agreement under |
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| | | section 127 and for determining an application under section 128 (local |
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| | | modifications of national prices).’. |
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| | Page 123, line 13 [Clause 119], at end insert— |
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| | | ‘( ) | the application of the method specified under subsection (1)(d),’. |
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| | Page 123, line 24 [Clause 119], leave out paragraph (a). |
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| | Page 123, line 30 [Clause 119], at end insert— |
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| | | ‘(10A) | A description for the purposes of subsection (9)(b) may be framed by reference |
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| | | (a) | the level of workforce training undertaken by the provider, and |
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| | | (b) | the extent to which the provision of its service leads to consequential |
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| | | costs for other providers.’. |
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| | Page 124, line 44 [Clause 121], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 125, line 8 [Clause 121], at end insert ‘, and |
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| | | (d) | the method it proposes to use for deciding whether to approve an |
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| | | agreement under section 127 and for determining an application under |
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| | | section 128 (local modifications of national prices).’. |
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| | Page 125, line 28 [Clause 121], at end insert— |
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| | | ‘( ) | the application of the method specified for the purposes of subsection |
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| | Page 125, line 39 [Clause 121], after ‘(b)’, insert ‘or (d)’. |
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| | Page 125, line 39 [Clause 121], after second ‘method’, insert ‘, and such guidance |
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| | on the application of the method specified for the purposes of subsection (3)(d) as is |
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| | included for the purposes of subsection (6) is only such guidance,’. |
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| | Page 125, line 40 [Clause 121], after ‘specified’, insert ‘and included’. |
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| | Page 125, line 41 [Clause 121], after ‘specified’, insert ‘and included’. |
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| | Page 125, line 43 [Clause 121], after ‘specified’, insert ‘and the guidance that will |
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| | Page 127, line 6 [Clause 123], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 127, line 13 [Clause 123], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 127, line 21 [Clause 123], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 130, line 4 [Clause 127], leave out from beginning to ‘may’ and insert ‘The |
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| | commissioner and the provider of a health care service’. |
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| | Page 130, line 5 [Clause 127], after ‘service’, insert ‘for the purposes of the NHS’. |
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| | Page 130, line 16 [Clause 127], after ‘if’, insert ‘, having applied the method |
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| | specified under section 119(1)(d),’. |
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| | Page 130, line 21 [Clause 127], after ‘to’, insert ‘the Secretary of State and’. |
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| | Page 130, line 21 [Clause 127], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 130, line 26 [Clause 127], at end insert— |
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| | | ‘( ) | If the Secretary of State considers that the modification gives or may give rise (or, |
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| | | where it has yet to take effect, would or might give rise) to liability for breach of |
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| | | an EU obligation, the Secretary of State may give a direction to that effect; and |
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| | | the modification is (or is to be) of no effect in so far as it is subject to the |
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| | Page 130, line 27 [Clause 127], leave out subsections (9) to (11). |
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| | Page 130, line 33 [Clause 128], leave out ‘designated’ and insert ‘health care’. |
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| | Page 130, line 35 [Clause 128], after ‘service’, insert ‘for the purposes of the |
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| | Page 130, line 41 [Clause 128], after ‘if’, insert ‘, having applied the method under |
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| | Page 131, line 9 [Clause 128], after ‘to’, insert ‘the Secretary of State and’. |
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| | Page 131, line 9 [Clause 128], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 131, line 14 [Clause 128], at end insert— |
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| | | ‘( ) | If the Secretary of State considers that the modification gives or may give rise (or, |
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| | | where it has yet to take effect, would or might give rise) to liability for breach of |
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| | | an EU obligation, the Secretary of State may give a direction to that effect; and |
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| | | the modification is (or is to be) of no effect in so far as it is subject to the |
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| | Page 131, line 15 [Clause 128], leave out subsection (9). |
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| | Page 131, line 19 [Clause 128], leave out subsections (10) to (12). |
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| | Page 131, line 31 [Clause 129], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 132, line 3, leave out Clause 130. |
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| | Page 132, line 34 [Clause 130], at end insert— |
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| | | ‘(5A) | Regulations under this section must ensure that where transfers of property or |
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| | | liabilities occur, they can only be transferred to another NHS body.’. |
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| | Page 133, line 20 [Clause 131], at end insert— |
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| | | ‘( ) | A health special administrator of a company— |
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| | | (a) | is an officer of the court, and |
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| | | (b) | in exercising functions in relation to the company, is the company’s |
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| | | |
| | | ( ) | A person is not to be the health special administrator of a company unless the |
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| | | person is qualified to act as an insolvency practitioner in relation to the |
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| | Page 133, line 33 [Clause 131], leave out ‘in the case of a provider which is a |
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| | Page 133, line 35 [Clause 131], leave out ‘company’ and insert ‘provider’. |
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| | Page 133, line 40 [Clause 131], after ‘section’ insert ‘— |
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| | | (a) | a reference to a person qualified to act as an insolvency practitioner in |
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| | | relation to a company is to be construed in accordance with Part 13 of the |
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| | | Insolvency Act 1986 (insolvency practitioners and their qualifications); |
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| | Page 134, line 4 [Clause 131], leave out paragraph (a). |
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| | Page 134, line 12 [Clause 131], leave out ‘, in relation to a company,’. |
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